The Third District Court of Appeals upheld a Sacramento Superior Court's ruling that Assemblyman Vince Fong is eligible to run for the 20th Congressional District despite arguments citing Elections Code 8003(b).
The ruling stated that the question in this case is how to interpret the text of this section, which states "No person may file nomination papers for a party nomination and an independent nomination for the same office, or for more than one office at the same election." The ruling continued, stating that the first part of the section establishes prohibitions to independent nominations, but not to all candidates.
Ahead of the March 5 Primary, Fong filed papers for reelection for the 32nd District Assembly seat. Then, after former Congressman Kevin McCarthy announced his retirement, Fong filed paperwork for the 20th Congressional District one day before the filing deadline.
Secretary of State Shirley Webber said she would not accept Fong's nomination papers for the 20th CD citing Elections Code 8800 preventing withdrawal of a candidacy for a primary election and 8003(b) prohibiting a person from filing nomination papers for more than one office in the same election.
Fong took the matter to court in December with judge Shelleyanne W. L. Chang ruling in favor of Fong's candidacy. Weber appealed the decision and Oral Arguments on the matter were heard last week.
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